1. Definitions
- “NextForce” means the NextForce specialist staffing operation, contactable at hello@nextforce.works.
- “Client” means the organisation instructing NextForce to run a search or deliver a staffing service.
- “Candidate” means an individual introduced by NextForce to the Client in relation to a search.
- “Engagement” means the specific search or service described in an engagement letter or written instruction.
- “Placement” means the acceptance by a Candidate of an offer of permanent, fixed-term, or contract employment with the Client or an affiliated entity.
2. Instruction and acceptance
An engagement begins when the Client provides NextForce with a written instruction to run a search, and NextForce confirms acceptance of that instruction in writing (including by email). NextForce may decline any engagement at its discretion.
3. Fees
NextForce operates a contingent fee model unless otherwise agreed in writing. A placement fee is payable by the Client upon Placement. The fee is calculated as a percentage of the Candidate's first-year gross guaranteed remuneration, including basic salary and any guaranteed bonus. The exact percentage is agreed per engagement and set out in the engagement letter. No fee is payable until a Placement has occurred. No retainer, upfront cost, or administrative charge is levied unless expressly agreed in writing.
4. Payment terms
Invoices are issued on the Candidate's start date and payable on thirty (30) days net. Payment is due in the currency stated on the invoice and without deduction, set-off, or counterclaim. Late payments may incur interest at the statutory rate applicable in the Client's jurisdiction.
5. Replacement guarantee
NextForce provides a replacement guarantee on every permanent placement. If, during the guarantee window agreed in the engagement letter, the Candidate voluntarily leaves employment with the Client or is dismissed for cause (excluding redundancy, role elimination, restructuring, or acquisition), NextForce will re-run the search and introduce a replacement candidate at no further fee, subject to the following conditions:
- The Client has paid the original placement fee in full and on time.
- The Client notifies NextForce of the departure or dismissal within ten (10) business days.
- The role brief is materially unchanged from the original engagement.
- The Client makes itself reasonably available for the replacement search.
The default replacement guarantee window is ninety (90) days from the Candidate's start date, unless a different window is stated in the engagement letter.
6. Client responsibilities
The Client agrees to provide accurate information about the role, respond to shortlists and scheduling requests in good faith and in reasonable time, and treat introduced Candidates in accordance with applicable employment and data protection law. The Client agrees not to share Candidate details with any third party without NextForce's written consent.
7. Exclusivity and conflicts
Engagements are non-exclusive unless an exclusivity period is stated in the engagement letter. If exclusivity has been agreed, the Client will not engage another search provider on the same role during the exclusivity window.
8. Introduction fees and sourcing
A fee becomes payable where a Candidate introduced by NextForce is hired by the Client or an affiliated entity for any role within twelve (12) months of the introduction. An “introduction” includes the provision of a CV, written summary, verbal identification, or any other means by which the Client becomes aware of the Candidate through NextForce.
9. Warranties and limitations
NextForce will use reasonable skill and care in the conduct of each engagement and will comply with all applicable laws. NextForce does not guarantee the performance of any Candidate after Placement. Except as expressly set out in these terms, all warranties are excluded to the maximum extent permitted by law.
To the maximum extent permitted by applicable law, the total liability of NextForce to the Client arising out of or in connection with any engagement (whether in contract, tort, or otherwise) shall not exceed the fees paid by the Client for that engagement in the twelve (12) months immediately preceding the event giving rise to the claim. NextForce shall not be liable for any indirect, consequential, or economic loss (including loss of profit, revenue, or opportunity).
Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited.
10. Confidentiality
Each party agrees to keep confidential all non-public information received from the other in connection with an engagement, to use that information only for the purposes of the engagement, and to return or destroy it on request at the end of the engagement.
11. Data protection
NextForce processes personal data in accordance with its Privacy Policy. Where NextForce acts as a processor on behalf of the Client, the parties will enter into an appropriate data processing agreement on request.
12. Term and termination
Either party may terminate an engagement by written notice at any time. Termination does not affect any fee payable in respect of a Placement that has already occurred, or any introduction made prior to termination (subject to clause 8).
13. Governing law
These terms are governed by the laws of India unless a different governing law is agreed in the engagement letter. Any disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the courts of Mumbai, India, unless a different forum is agreed in the engagement letter.
14. Contact
Questions about these terms may be sent to hello@nextforce.works.